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Commercial Motor Vehicle Drivers’ Hours of Service. Background Information Tom Yager Chief, FMCSA Driver and Carrier Operations Division. Background. First Hours of Service (HOS) Rules Interstate Commerce Commission, No. MC-2, 1937 Issued first eight HOS rules.

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commercial motor vehicle drivers hours of service

Commercial Motor Vehicle Drivers’Hours of Service

Background Information

Tom Yager

Chief, FMCSA Driver and Carrier

Operations Division

MCSAC Presentation

background
Background
  • First Hours of Service (HOS) Rules
    • Interstate Commerce Commission, No. MC-2, 1937
    • Issued first eight HOS rules.
    • Many issues and discussions similar to today.
    • By 1939, revisions started due to various objections.

MCSAC Presentation

background3
Background

From ICC 1937 Deliberations:

  • “For some time we have had under serious consideration the advisability of having a comprehensive, scientific study made of the causes and effects of driver fatigue…. We have concluded that it would be wise to have such a study made.…”

MCSAC Presentation

background4
Background
  • Little fundamental change in commercial motor vehicle (CMV) hours-of-service (HOS) regulations from 1937 to 2004.
  • 1995 ICC Termination Act required the FHWA/OMC [now FMCSA] to address fatigue-related motor carrier safety issues.
  • Major revisions made in 2003 Final Rule (effective in 2004).

MCSAC Presentation

background5
Background
  • After a DC Circuit case, the 2005 Final Rule re-established the 2003 revisions (with a change in sleeper-berth provisions).
  • After a DC Circuit case, the 2007 IFR and 2008 Final Rule made no changes in regulatory language.

Therefore, most current provisions (except sleeper-berth) have been in operation for nearly 6 years.

MCSAC Presentation

background6
Background

Court Settlement (October 26, 2009)

Public Citizen, et al. v. FMCSA, et al. (D.C. Cir. No. 09-1094).

  • Publish Notice of Proposed Rulemaking ("NPRM") as part of a new driver HOS rulemaking proceeding.
  • Submit the NPRM to [OMB] for review within nine months of the date of this Agreement.
  • Publish a Final Rule based on the Rulemaking within 21 months of the date of this Agreement.
  • DOT will consider all comments regarding, and proposed changes to, the existing driver hours-of-service regulations.

MCSAC Presentation

fatigue
Fatigue
  • Physical fatigue
    • Muscle weakness; lack of strength.
    • Some causes: Illness, medication, heavy physical exercise.
  • Mental fatigue
    • Decreased wakefulness; sleepiness; drowsiness.
    • Decreased state of attention.
    • Some causes: Illness, medication, lack of mental stimulation, lack of adequate sleep (many possible reasons), time of day (Circadian rhythm), physical fatigue.

MCSAC Presentation

contact information
Contact Information

Tom Yager

Chief, Driver and Carrier Operations Division

Federal Motor Carrier Safety Administration

(202) 366-9220

tom.yager@dot.gov

MCSAC Presentation